Definition and legal basis of release from nationality
Die Release from nationality is a legal act by which a person’s current nationality is revoked upon their application. This process affects a fundamental status in the relationship between the individual and the state, and is comprehensively regulated under German nationality law. Release constitutes one of several ways to lose German nationality. It is primarily aimed at avoiding multiple nationalities when acquisition of another nationality is being pursued.
Legal framework in German nationality law
The statutory provisions on release from German nationality are mainly set out in the Nationality Act (StAG), in particular in Sections 16 and 26 StAG. Accordingly, release can only be granted upon application and is subject to specific requirements. It is not automatic, but requires an administrative procedure and a corresponding official decision.
Requirements for release
Application and procedure
Loss of nationality through release generally requires a written application to the competent nationality authority. During this process, the authority examines whether the legal requirements are met and whether there is already a new nationality status or at least the prospect of acquiring one.
Requirement of a new nationality
To prevent statelessness, release is generally only granted if the applicant is granted another nationality or at least has an assurance of its acquisition. Sufficient legal certainty is required to ensure that a new status is established immediately after release. German law thus aims to avoid cases of statelessness wherever possible and to take international agreements (such as the Convention on the Reduction of Statelessness) into account.
Personal requirements
Certain groups of persons are excluded from the release procedure or are subject to stricter requirements:
- Minors: Release of minors requires the consent of their legal representatives and is only permissible if, at the same time, the minor acquires another nationality.
- Individuals liable for military service: Release during military service or compulsory military duty is generally excluded in order to protect national interests.
- Persons involved in ongoing criminal proceedings: If the applicant is subject to ongoing criminal proceedings, release may be denied to prevent evasion of criminal prosecution.
Grounds for exclusion
Release may be refused if it is incompatible with the interests of the Federal Republic of Germany, especially if there are concerns regarding internal or external security (§ 16 (1) StAG).
Procedure and decision
Competence of authorities
The decision on the release is made by the nationality authority of the federal state where the applicant habitually resides. In special cases, the Federal Administrative Office may also be competent. The administrative act is documented by issuing a release certificate, which gives legal effect to the change of status.
Fees and processing time
Release is generally subject to administrative fees, the amount of which is determined by state law regulations. The duration of the release procedure may vary and depends on the individual case as well as the scope of necessary official checks.
Legal consequences of release from nationality
Loss of civic status
Upon the release becoming legally effective, the person loses German nationality. This has far-reaching legal consequences, including the loss of voting rights, the right to protection by German diplomatic missions abroad, and access to specific benefits and privileges reserved for German nationals.
Effects on residence and residency rights
The loss of German nationality can have an impact on existing residence rights in Germany, especially if the person simultaneously acquires third-country national status. In this case, general immigration law provisions apply, which may require applying for a residence permit.
International and European law references
Stateless persons and international law
The Federal Republic of Germany is obliged under international law to avoid statelessness as far as possible. According to the principles of the European Convention on Human Rights and relevant UN conventions, release is only permitted if acquisition of another nationality is secured.
Provisions in other countries
Comparable rules exist in many other countries, under which the renunciation of nationality is linked to the acquisition of a new citizenship in order to prevent statelessness. In certain countries, however, release is not possible or only possible under very strict conditions.
Particularities and exceptions
Special cases
Some countries do not allow their citizens to be released from nationality at all. For individuals holding special security-related positions or during special security-relevant situations, release may be excluded or delayed.
Revocation and withdrawal
If it is determined that the release was obtained by deception, threat, or by knowingly providing false information, the release certificate may be revoked or withdrawn. In this case, German nationality is deemed not to have been lost.
Summary
Release from nationality is a comprehensively regulated administrative act that takes into account both national and international legal bases. The aim of this provision is to ensure an orderly and legally secure change of status, to limit multiple nationalities, and to prevent cases of statelessness. The provisions of the Nationality Act, supported by international treaties, ensure that releases are only granted in compliance with fundamental rights, public interests, and the integrity of the state.
Frequently asked questions
What requirements must be met to be released from German nationality?
To be released from German nationality, several requirements must be cumulatively met in accordance with § 16 of the Nationality Act (StAG). First, the applicant must submit a formal application for release to the authority responsible under state law. Second, release is generally only possible if the applicant already proves the acquisition of another nationality or at least credibly demonstrates that its acquisition is imminent. This is to prevent statelessness, as the Federal Republic of Germany recognizes the prevention of statelessness as an essential principle under international law. Furthermore, there must be no legal obstacles to release, such as outstanding obligations to German authorities or ongoing judicial criminal or investigative proceedings. Additionally, no serious concerns of the Federal Republic of Germany may stand in the way of the release, such as security policy considerations or special official relationships, e.g., ongoing compulsory military service or civil servant status for life. Minors also require the consent of their legal representatives and, if necessary, approval of the family court. Release is ultimately granted by a formal administrative act of the competent authority.
Can obligations towards German authorities prevent the release?
Yes, existing obligations towards German authorities can constitute a legal obstacle to release from nationality. These include, in particular, pending criminal investigations or ongoing enforcement of criminal sentences, unfulfilled civic duties – such as mandatory military or alternative civilian service – as well as other outstanding public-law obligations, for example tax debts or repayments of public loans. These must be reviewed as part of the release procedure and may lead to the rejection of the application for release as long as they remain outstanding. Thus, legal obligations have a so-called negative effect on the possibility of release.
What effect does release have on family members?
Release from German nationality generally affects only the applicant personally. However, the law allows a so-called family application, so that, under certain circumstances, minor children can also be included in the release, provided that they are included in the same application and that the above requirements—especially acquisition of a new nationality and the consent of legal representatives—are also fulfilled. Spouses require a separate application, as their nationality is not automatically affected by the partner’s release. If minor children are not included in the application, they retain German nationality even if their parents are released.
Can persons be released while criminal proceedings are pending?
While criminal proceedings or an investigation is pending against the applicant, release is excluded pursuant to § 16 StAG. The legislator ensures in these cases that the person concerned does not evade due criminal prosecution in Germany by giving up nationality. Only after the proceedings have concluded and all sentences have, if applicable, been executed can a positive decision be made on the release application. This also applies to pending sentences, particularly custodial sentences.
Are there exceptions to the requirement of acquiring a new nationality?
As a rule, it is a mandatory requirement that release does not result in statelessness. An exception to this is generally not provided for under German law, as § 16 (1) sentence 2 StAG explicitly excludes this. Statelessness is to be avoided, which is why proof or at least an officially confirmed assurance of acquisition of a new nationality must be provided. The few exceptions recognized under international law—for example due to interstate agreements or special political circumstances—are not relevant under German law and only concern certain groups, for example in connection with redress for Nazi injustices.
How does the administrative procedure for release formally proceed?
The administrative procedure begins with a written application for release, which must be submitted to the competent nationality authority. It is necessary to include all required documents, especially evidence of the acquisition of a new nationality or appropriate assurances. The authority first examines formal and substantive requirements, may obtain statements from other authorities, and, where applicable, initiate further requests for evidence or clarifications. If there are no grounds for refusal, release is granted by notice. Upon delivery of this notice, the applicant loses German nationality with immediate effect. An appeal against a negative notice may be filed before the administrative courts.
What are the legal consequences of release from nationality?
Upon release, all rights and obligations arising from German nationality expire, particularly the right to vote, the duty for military service, and the right of residence as a German. The person concerned loses the privileges associated with German status and is regarded under immigration law like any other foreigner. There is generally no entitlement to re-naturalization unless the general legal requirements for (re-)naturalization are met. Any disadvantages with regard to travel and employment opportunities, social security entitlements, or access to public service must be borne by the applicant and should be carefully considered in advance. The loss of consular assistance abroad is also associated with the relinquishment of nationality.
